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Rules and Regulations 



of the 




o 




of the 



City) of Oakland 



CALIFORNIA 



t905 



K^^^^^^^^uj2 



Rules and Regulations 



of the 



Board of Education 



of the 



City of Oakland 



CALIFORNIA 



t90S 



V. 



0> 



IINDEX 



Absence: — Section Page 

Deduction of Salary, of Teachers 5 34 

of Pupils, Excuses for 7 30 

Leave of, by Teachers 14 28 

of Pupils, Notice to Parents 17 28 

of Pupils, Unexcused 6 30 

Adjourn, Motion to 12 10 

Advertisements in School 2 3") 

Amen dments : — 

to Motions , 24 12 

to Rules 33 12 

Authority, Parliamentary 32 12 

P,ooks of Pupils 11 31 

Care of 11 31 

Free 11 31 

Buildings, for School Purposes only 5 36 

Cleanliness of Pupils .^ 10 31 

Committees: — 

Standing- — Named 2 9 

Appointment of 15 11 

Meetings of All 43% 16 

President, Ex-Offlcio Member 16 11 

Committee of the Whole 9 10 

Record of 23 12 

Committee: — 

Judiciary . . . , 41 15 

Observatory 42 15 

on Classification 35 13 

on Evening- Schools 39 15 

on Finance 40 * 15 

on Furniture, Supplies and Printing 38 14 

on High Schools 38 14 

on Industrial Education 43 15 

on Rules and Regulations 34 13 

on School Houses and Sites 36 14 

Contests: — 

Between Teams of Pupils 7 36 

Pupils Excused to Practice for' 8 36 

Debate: — 

Duties of Member's in 17 11 

Rules of 20 11 

Debts — Payment of, by Emi)loyees 11 3S 

Desks — Placing in Schoolrooms 13 38 

Discipline of Pupils: — 

by Principal 5 26 

by Teacher 4 23 

Detention at Recess IS 29 

Detention after School ' 19 29 

Diseases — Contagious 9 36-37 

Districts— School 1-2-3 19 

Division of Questions 29 12 

Documents — Educational 51 l" 

Elections: — 

All 27 12 

of President of Board 1 9 

of Teachers, etc 44 16 

Entertainments, etc 6 36 

Errands for Teachers by Pupils 20 29 

Evening Schools, Committee on 39 3 5 



Section Page 

lilxcuses for Absence of Pupils 7 30 

Excuses, Valid, Defined 8 30 

Expense, incurring- 59 18 

P^xpulsion of Pupils 4 30 

Finance, Committee on 40 15 

Vive Drill 1 35 

Flag, Rules for Raising 12 38 

l^'orms and Blanks. Prepared by Superintendent 48 16 

Furniture, Supplies, and Printing, Committee on 37 14 

High Schools. Committee on 38 14 

Holidays 10 37 

Industrial Education, Committee on 43 15 

Instruction, Private for Pay by Teachers 15 28 

Janitors: — 

Care of Buildings by • 1 31 

Care of Sidewalks, by 5 32 

Directions to. by Principals 6 23 

Fire, after 1 p. m 3 32 

of Evening Schools 4 32 

Repairs, Minor, by 4 32 

Report for Duty to Principals , 2 31 

Right of Appeal to Superintendent or Board 4 32 

.Judiciary Committee 41 15 

Library, Responsibility of Principals 19 25 

Meetings of Board: — 

Notice of 55 18 

Regular 3 1 

Special 14 11 

Alembers of Board: — 

Excused from Voting 19 11 

In Debate 1" 1^ 

Rights and Duties ;.17 to 33 (inc) 11-12 

Rules of Debate 20 11 

Six Votes Recfaired IS 11 

Vote for Reconsideration 21 1 L 

Money Received by Sup't on acct. of School Fund 53 17 

Motion to Adjourn 12 10 

Motions Committed and Re-Committed 28 12 

Name of Teacher and Grade on Door 14 24 

( )bse«,'vatory Committee 42 15 

Office Hours: — 

of Principals S 23 

of Superintendent 45 16 

Ordei- of Business of Board •"> ^ 

r)rder of Motions in Board 11 10 

25 12 

r»rder of Speaking in I-5oard 7 1^ 

Oi-ganization of Board 1 t^o 1 One) 9 

l^arliamentary Authoi-ily 32 12 

Points of Ordei- *^ ^ '* 

f 'resident of Hoard of Education: — 



Flection 



1 !i 



Fx-()ffiei() Member of Connnittees 16 11 

Powers and Duties f^ to 16 (inc.) 9-10--11 

[Previous Question ^ "^ ^1 

IMincii)als of Schools: — 

Rights ,and Duties 1 to 23 22-2.;) 

Call for Substitute Teacher 1 ^ 2o 

Cai-e of Pupils in Yard •> 22 

Directions to Janitors 6 23 

Discipline of Pupils => 2j> 

Eibrai-v liooks. Responsibility 19 -o 

Monthly Re]»orts to Sui)erintendent 1<> 24 

Official Ordeis of 20 25 

Opening Yai-ds and Rooms 2 22 

Orders and Re(|uisitions for Stationejy. etc 9 24 

Promotion of Pui)ils, by fi 27 

Punishment of Pupils, l)y 4 2^ 

Records !"> 24 



Principals of Schools — ^Continued. Section Page 

Record of Tardiness of Teachers 1 22 

Reports for Violation of Rules 12 24 

Report on Substitute and Special Teachers, etc 17-20 25 

Reg-ular Office Hours of 8 23 

School Hours of 23 25 

Supervision of Schools by 7 21 

Supplies to Teachers 21 25 

Suspension of Pupils by 4-5 30 

Teacher's Name on Class-room Door 13 24 

Term Reports of Supplies on Hand 11 24 

Truants. Report on 18 25 

Punctuality of Teachers 2 26 

Pupils: — 

Books of. Free Books 11 31 

Care of Books by ,. 12 31 

Cleanliness of 10 31 

Detention at Recess 18 29 

Detention After Schoc; 19 29 

Discipline of .5 23 

Errands for Teachers 20 29 

Expulsion of 4 30 

Non-Resident 2 29 

Physical Exercise of 10 27 

Presents by 36 36 

Promotions of 6 26 

Punishments of 4 22 

Registration of 3 30 

Resident 1 29 

Suspension of: — 

by Principals 4 30 

by Principals of High Schools 5 30 

by Teachers 16 28 

Two Days' Absence 17 28 

Tardiness of, Defined 9 30 

Quorum 4 9 

Reading- of Papers 30 12 

Reconsideration of Votes 21 11 

Recitations in High Schools 7 27 

Recitation in Elementary Schools 8 27 

Records and Files of Secretary of Board 55 18 

Records, Manner of Keeping- by Principals . . . 15 24 

Register, State 9 27 

Registration of Pupils 1 to 6 (inc.) 19 

Repeal of Rules 33 12 

Reports of Superintendent 52 17 

Report Cards of Pupils 5 26 

Requisitions for Supplies 9 24 

Resignations of Teachers 13 27 

Resolutions, Written 22 12 

Rules .and Regulations, Committee on 34 13 

Rules to Pupils, Reading of 21 29 

Salaries of Teachers, etc 44 16 

Salaries 1 to 5 (inc.) 33-34 

of New Teachers 4 34 

of Substitute Teachers 4 33 

of Teachers who Resign 4 34 

Deduction for Absence 5 34 

Paid Monthly 3 33 

Schedule Fixed by Board 1 33 

Time of Service for 2 33 

School Houses and Sites 36 14 

Schools: — 

Classification 1 21 

School Year 2 21 

School Terms 3 21 

Temporary Suspension of 4 22 

Daily Sessions 5 22 

Recesses 6 22 



8 

Section Page 

Secretary of Board: — 55 to 58 (inc.) 18 

Records and Files 55 18 

Notice of Meetings 56 IS 

Transmission of Resolutions, etc 57 IS 

Bookkeeping by 58 IS 

Sale of Supplies by Teachers 11 28 

Sectarianism 3 36 

Subscriptions 4 36 

Superintendent of Schools of (3akland 45 to 54 (inc.) 16-17 

Appointment of Substitute Teachers 50 17 

Duties on Committees of Board of Education 47 16 

Duties Retiuirecl by State Laws 54 17 

Educational Documents 51 17 

Forms and Blanks 48 16 

Moneys Recei\-ed 53 17 

Office Hours ' 45 16 

Reports 52 17 

Suspension of Teachers 49 17 

Teachers' Meetings 46 16 

Supplies, Authorized by Board 11 28 

Suspension: — 

of Pupil by Principal 4 30 

of Pu]nl by Principal of High Schools . ; 5 30 

of Pui)il bv Teacher 16 28 

of Rules, etc 31 12 

of Teacher 49 17 

Teachers: — 

Appointment of Substitute 50 17 

Discipline by 4 26 

Eligible for Elementary Schools 2 32 

for High Schools 1 32 

for Substitutes 4 33 

for Princii)als of Elementary Schools 3 33 

Instruction in Moi-als Vjy 12 2S 

Knowledge of Rules 1 26 

Leaving the Department 13 28 

Leave of Absence 14 28 

Meetings of 46 16 

Must File Formal Ap])lication 5 33 

Presents to School Officials 4 36 

Private Instruction for Pay 15 28 

Pi'omotions of Pupils by 6 26 

Physical Exercise of Pupils 10 27 

Punctuality of 2 26 

Reading of Rules to Pupils 21 29 

Report Cards to Paients T) 26 

Salaries and Elections 44 16 

Salaries 1 to 5 (inc.^ 33-34 

Sale of Supplies bv ^1 28 

School Hours of 3 26 

Selection of 1 to 5 (inc. 32-33 

State Register, Kept by 9 27 

Substitute. Called for by Pi'inci])al 16 25 

Report on by Principal 17 25 

Suspension of Pupils by 16 28 

Tai'diness of 1 22 

i;se of Supplies Authorized by Board 11 28 

'I'ransfer of Pupils 1 to 6 (inc.)_ 19-20-21 

Transmission of Resolution, by Secty of no:ird 57 IS 

Truancy, Report on. by Pi'incipals 18 25 

Tuition of Non-Resident Pupils 2 29 

N'enlilation and Temi^erature of Class Room 10 27 

N'iolation of Rules 12 24 

A'otes — Six Required 1!^ 11 

\'olin.g ^ ^'^ 

Excused i-'rom 19 11 

^'aiils of Schools: — 

Openmg 

Care of Pupils in •> 22 

y(<as and Xa.vs 1^ 1 ^> 

26 12 



RULES 



O'P THE 



BOARD OF EDUCATION 



I. ORGANIZATION. 

Section i. Election of President. — At the first meeting 
after the municipal election in March, and the qualification of 
the members elect, the Board shall elect a President whose term 
of office shall be one year. In the absence of the President, a 
President pro tem. shall be chosen who shall possess the powers 
and perform the duties of the President. 

Sec. 2. Standing Committees. — The President shall ap- 
point, within thirty days succeeding his election, subject to the 
approval of the Board, the following standing committees : 



Rules and Regulations. 

Classification. 

School Houses and Sites. 

Furniture, Supplies and Printing. 

High Schools. 

Evening School. 



Finance. 
Judiciary. 
9. Observatory. 
10. Industrial Education. 

Sec. 3. Regular Meetings. — The Board shall hold its 
regular meetings on the first and third Mondays of ea.ch month, 
when the roll shall be called and the Board shall immediately 
proceed to business or adjourn. The hour of opening the ses- 
sion of the Board shall be 7 130 p. m. 

Sec. 4. Quorum. — Six members shall constitute a quorum 
for the transaction of business. 

II. POWERS AND DUTIES OF THE PRESIDENT. 

Sec. 5. Order of Business. — The President shall take the 
chair at the hour appointed for the meeting of the Board, shall 



10 

call the members to order, and on the appearance of a qnorum, 
shall cause the records of the last meeting- to be read from the 
Record Book. The order of busmess shall be as follows : 

1. Ron Call. 

2. Reading of the Minutes. 

3. Communications and Petitions. 

4. Reports of Special Committees. 

5. Reports of Standing Committees. 

6. Report of Superintendent. 

7. Unfinished Business. 

8. New Business. 

Sec. 6. Points of Order. — The President shall preserve 
order and decorum in the meetings ; he may speak to points of 
order in preference to other meetings and shall decide all ques- 
tions of order, subject to an appeal to the Board, on motion of 
any member, regularly seconded : and no other business shall 
be in order until the question on the appeal shall have been 
decided. 

Sec. 7. Order of Speaking. — AA'hen two or more members 
rise to speak ?.,t the same time, the President .shall name the 
member who may speak first. 

Sec. 8. A'oting. — The President shall declare all votes, but 
if any member doubt the vote, the President, without debate, 
shall order the roll to be called and shall declare the result. 

Sec. 9. Committee of the Whole. — The President shall ap- 
point a chairman when the Board goes into Committee of the 
Whole ; at any other time, he may call any member to the 
chair, but such substitution shall not continue for more than 
one meetiuQ-. 

Sec. 10. Yeas and Nays. — The President shall, at the re- 
quest of one meml)cr, take the sense of the Board bv veas and 
nays. 

Sec. IT. Order of Motions.— All questions shall 1)e stated 
by the President in the order in which they were moved, unless 
the subsequent motion shall be previous in its nature; except 
that in naming sums ?..nd fixing times, the largest sum and the 
longest time shall ])e put first. After a motion is seconded and 
stated by the President, it sliall be disposed of bv a vote of the 
Board, unless the mover withdraws it 1)efore a decision or 
amendment. 

Sec. 12. Mention to Adjourn.— The President shall con- 
sider a motion to adjourn as alwavs in order, exce]:)t when a 
member has the floor, or when v, (|uestion has been i)ut and not 
decided, or during roll call : and motions to adjourn, to lav upon 
the table, to take from the table, and for the previous ciuc^tion 



II 

shall be decided without debate. Any member who moves to 
adjourn to a certain day may assign his reason for so doing. 

Sec. 13. Previous Questions. — The President shall put the 
previous question in the following form : "Shall the main ques- 
tion be now put?" and all debate shall be suspended until the 
previous question shall have been decided. The adoption of 
the previous question shall put an end to all debate, to bring the 
Board to a direct vote upon pending amendments, if any, in 
their regular order, and then upon the main cjuestion. 

Sec. 14. Special Meetings. — The President or three mem- 
bers may call a special meeting of the Board ; but no meeting of 
the Board shall be called on shorter notice than twenty-four 
hours, nor without written notice sent to each member by the 
Secretary, and no business shall be transacted thereat, except 
that for which the meetino- shall have been called. 

Sec. 15. x-\ppointment of Committees. — All committees 
shall be appointed by the President, unless otherwise ordered by 
the Board. 

Sec. 16. Committees. — The President shall be ex-ofticio 
a member of a.ll committees. 

III. RIGHTS AND DUTIES OF MEMBERS. 

Sec. 17. Duties of Members in Debate. — When any mem- 
ber is about to speak, he shall arise in his place, address the 
President, and confine himself strictly to the question under 
discussion. 

Sec. 18. Six \^otes Required. — No measure or proposition 
shall be valid unless passed by six votes, except motion to ad- 
journ, to postpone to a definite time, to reconsider, to commit, 
to lay on the table, to amend, to substitute, or the previous 
question, in which cases a, majority of the members present 
shall be sufficient. 

Sec. 19. Excuse from Voting. — Every member shall give 
his vote, when a question is put, unless the Board, for special 
reasons, excuse him. A motion to excuse can be made only 
before the Board divides, or before the call of the yeas and 
nays is commenced, and shall be decided without debate. 

Sec, 20. Rules of Debate. — No member shall speak more 
tha,n twice on the same motion, nor for longer than five min- 
utes each time, without leave of the Board, unless he be the 
mover or proposer of the matter pending, in which case he shall 
be permitted to reply the second time, but not until all other 
members choosing to speak shall have done so. 

Sec. 21. Reconsideration. — No member who did not vote 
with the majoritv shall move a reconsideration of the vote. A 



12 

reconsideration can be had only at the same or first subsequent 
meeting; and notice of the motion to reconsider must be given 
Jit the meeting when the question which it is proposed to re- 
consider was carried. 

Sec. 22. Written Resohitions. — All resolutions shall be 
submitted in writing with the name of the mover ; and any mo- 
tion shall be submitted in writing if the President so direct, or 
any member request it. 

Sec. 23. Record of Committee of the Whole. — Proposi- 
tions made in Committee of the Whole, or in executive session, 
unless carried, shall not be entered on the journal. 

Sec. 24. Amendments. — Xo motion or proposition, on a 
subject differing from that under consideration, shall be ad- 
mitted under color of an amendment. 

Sec. 25. Order of ]\Iotion. — When a question is under de- 
bate, no motion or proposition shall be entertained but to ad- 
journ, to lay on the table, the previous cjuestion, to postpone 
indefinitely, to postpone to a given day, to commit to, to amend, 
to substitute ; which several motions shall take precedence in 
the order in which they are above stated. 

Sec. 26. Yeas and X?ys. — All motions, resolutions, orders 
and votes of the Board, requiring the disbursement of money, 
shall be taken by yeas and nays and the vote registered. 

Sec. 2/'. Elections. — All elections shall be by roll call. 

Sec. 2S. ^lotions Committed. — All motions and reports 
may be committed and recommended, at the pleasure of the 
Board. 

Sec. 29. Division of Question.— The division of a question 
may be called for when susceptible of it. 

Sec. 30. Reading of Papers. — Wlien the reading of a paper 
is called for, and the same is objected to by any member, the 
matter shall 1)e determined by a vote of the Board. 

Sec. 31. Suspension of Rules and Regulations. — The com 
sent of seven members shall be requisite for the suspension of 
any rule of the Board, or regul?,tion of the schools. 

Sec. 32. Parliamentary Authority. — Tf at anv meeting of 
the Board, questions arise which are not treated of above, ihey 
shall be decided by an appeal to Roberts' Rules of Order. 

Sec. ^2. Amendment or Repeal of Rules.— The rules or 
regulations may l)e amended or repealed at any regular meeting 
of the Board by an affirmative vote of seven' members, notice 
of such proposed amendment having l)ccn given in writing at a 
previous regular meeting. 



13 

IV. DUTIES AND POWERS OF STANDING 
COMMITTEES. 

Sec. 34. Committee on Rules and Regulations. — The 
Committee on Rules and Regulations shall take into careful con- 
sideration every proposition presented to the Board to repeal 
or to amend any rule whenever the same shall be referred to 
them, and shall report for or against the proposed alterations. 
They shall attend to all matters of discipline referred to them 
by the Board or Superintendent, and shall investigate the 
charges which may be preferred against any teacher or school 
officer for neglect or violation of duty, with power to suspend 
any teacher or employe of the Department during such inves- 
tigation, and shall report the facts to the Board at the next 
regular meeting. 

Sec. 35. Committee on Classification. — This Committee 
shall determine the classification of the Grammar and Prima.ry 
schools and shall recommend to the Board such transfers of 
teachers in said schools as they deem desirable, when not other- 
wise determined by special action of the Board. 

In the assignment of teachers, the committee shall be gov- 
erned by the following general rule : "Any teacher, who at the 
close of the preceding term shall have completed a group, sha.ll 
be assigned to the class commencing the work of the same 
group, and other teachers shall continue w^ith their classes until 
the work of the group shall have been completed." Except as 
hereinafter provided, said committee shall recommend the 
course of instruction to be pursued and shall recommend the 
adoption of such text-books as may be needed in the course of 
study, in addition to those required by the 'State law. When- 
ever a recommendation is made to adopt any new text book in 
the schools, it shall lie on the table one month before the final 
action of the Board therein. 

Whenever the Classification Committee may deem it neces- 
sary, said committee is hereby empowered to detail teachers of 
the First Grade to assist from 2:15 to 3 p. m. any Principal in 
the same school, who has charge of regular class-room work, 
the assistance rendered to be such as the Principal may direct. 
If there be two or more First Grade teachers in the same school, 
the Classific8,tion Committee shall detail them in regular order, 
by the term, to render the needed assistance. No extra salary 
shall be paid First Grade teachers for such services. 

All applications for positions to teach shall be referred to 
this Committee, and no teacher shall be nominated for a position 
in this Department until this committee has reported favorably 
on his or her credentials. 



14 

Sec. 36. Committee on School Houses and Sites. — This 
Committee shall exercise a general supervision over the school 
houses' and school lots of the Department. They shall com- 
municate such information in regard to the location, erection 
and alteration of school buildings, and repairs thereof, as they 
may deem necess3,ry for the Board to act upon ; and they shall 
report, during the June vacation, the condition of all school 
property. 

When it becomes necessary to make repairs on any school 
building-, fence, etc., involving only a small expenditure of money 
for materials, the Principal of such school,^ or the Department 
2^1echanic, shall report in writing to the Secretary of the Board, 
as definitely as possible, the repairs needed. 

It shall be the duty of the Secretary to call the attention of 
the Committee on School Houses and Sites to the repairs asked 
for, and if approved by said committee, he shall record the 
same in a book known as "The Book of Repairs." 

It shall be the duty of the Department Mechanic to go from 
school to school a,nd make all needed repairs, as recorded in 
"The Book of Repairs :" nor shall he go to one school a second 
time for the purpose of making repairs, except in case of emer- 
gency, where neglect would be detrimental either to health or 
property, until he has visited all other schools in the Depart- 
ment asking for repairs. 

It shall be the duty of the Department Mechanic to render 
such reports as will show in detail the work performed by him- 
self and assistants, and the disposition of property placed in his 
charge. 

Sec. 37. Furniture, Supplies and Printing. — This Com- 
mittee shall prepare and file in the office of the Secretarv, on 
or before the first day of May, a.nnually, written specifications 
of books, stationery and other supplies that will be required 
by the department for the ensuing fiscal year ; said specifica- 
tions to state in clear and explicit terms, the cjuantity and kind 
of all articles needed. 

During the months of June or [nly of each year they shall 
examine the furniture, ?,pparatus and otlier personal property 
belonging to the Department, and rej^ort to the Board its con- 
dition, with such recommendations as thev shall deem expedi- 
ent. 

All ])urchases of supplies under the foregoing rule shall be 
made only upon requisition as provided by Section 9, Art. IV. 

Sec. 38. Conunittcc on High Schools. — This Committee 
shall have general supervision of all affairs of the High School, 
except in matters i)ertaining to Industrial Education. It 
shall be the dut\- of the mem1)ers of this conuuittee to visit 
the schools ?,s often as possil)]e ; to familiarize tliemselves 



15 

v,'ith the workings, conditions and needs thereof; to take 
charge of commencements and o^her pubhc exercises, and to 
recommend to the Board, from time to time, such changes 
in the course of study, text books, teachers, etc., as they shall 
deem necessary to the improvement of the schools. This 
committee shall, in June or July of each year, make a report to 
the Board on the condition of the High Schools. 

Sec. 39. Committee on Evening Schools. — This Com- 
mittee shall have general supervision of the. Evening Schools. 
It shall be their duty to recommend to the Board the organiza- 
tion of Evening Schools or classes at such times and places 
as in their judgment are required, and to supervise the same. 
In June or July of each year they shall report to the Board, 
upon the interests committed to them. 

Sec. 40. Committee on Finance. — This Committee shall 
report between the first and tenth days of June of each year, 
and at other times wdien necessary, the rates of salaries for 
the various positions in the Department. They shall audit 
all bills or accounts chargeable a.gainst the School Fund, ex- 
cept claims for salaries and rent. All bills, before being- 
audited, shall be sworn to by, those presenting the same, and 
must be accompanied by requisitions da.ted and countersigned 
by the Secretary. 

They shall investigate the expenses of the Department, and 
see that the school moneys apportioned to the city are legally 
disbursed : and they shall also make a report at the first regu- 
lar meeting in July of each year, wherein they shall present an 
estimate of the items of expenditure of the public schools for 
the ensuing fiscal year, accompanying the report with such 
suggestions as they may deem beneficial to the interests of 
the Department. 

Sec. 41. Judiciary Committee. — This Committee shall ex- 
amine the laws and report concerning questions of law referred 
to them. 

Sec. 42. . Observatory Committee. — This Committee shall 
supervise all matters pertaining to the Chabot Astronomical 
Observatory that shall be referred to them. They shall make 
to the Board from time to time, such recommendations con- 
cerning it as to them may seem appropriate, and shall annually, 
in the month of July, present a report of its condition and the 
work done therein. 

Sec. 43. Committee on Industrial Education. — This Com- 
mittee shall supervise all matters pertaining to Industrial Edu- 
cation that may be referred to them, and at the close of each 
school year shall report in writing the condition, progress and 
cost of such education. 



i6 

Sec. 43 >4. All Committees shall meet regularly on the 
Friday evenings preceding the regular meetings of the Board 
of Education. 

VI. ELECTIONS. 

Sec. 44. Elections. — Between the first and tenth days of 
June, annually, the Board of Education shall fix the salaries 
of instructors and other employees of the School Department. 

Between the first and thirtieth days of June, annually, the 
Board shall elect instructors and other employees of the Public 
Schools. The teachers, janitors and other employees so elected 
shall hold their positions for one year unless sooner dismissed 
by a vote of the Board. 

VII. SUPERINTENDENT AND HIS DUTIES. 

Sec. 45. Office Hours. — The Superintendent of Public 
Schools shall be the executive officer of the Board of Educa- 
tion. His office hours shall be from 8 o'clock a. m. to 5 o'clock 
p. m. each day, except Sa,turday ; on which day his office shall 
be open from 8:30 a. m. to 12 m. 

Sec. 46. Teachers' Meetings. — He shall visit each school 
at least once a month, advise with teachers, and make himself 
familiar with the wants and conditions of the School Depart- 
ment. He shall hold regular meetings of the teachers em- 
ployed in the public schools of this city as follows : On the 
second Thursday of each school term, a general meeting of all 
the teachers ; on the fourth Thursday, a meeting of the primarv 
teachers; on the sixth Thursday, a meeting of the High School 
and Grammar School teachers. While the schools are in ses- 
sion he sha,ll hold meetings of the principals of the various 
schools at such times as he may deem necessary, but not less, 
however, than once every two months. He shall have power 
to call special meetings of teachers whenever he may deem 
such meetings necessary. For the purpose of. holding reg- 
ular or special meetings, he shall have power to close "anv of 
the schools earlier than the hour fixed by the i\I?,nual. 

He sliall report to the Board of Education the name of anv 
teacher who shall, unexcused 1)y him, fail to attend, and take 
])art in any of the meetings. 

Sec. 47. Committees.— He sliall render sucli aid and com- 
nnnn'cate sucli iriformr.tion to tlie various committees as thev 
may require. 

Sec. 48. ]H)rms and lUanks. — He shall Drepare. in uniform 
style, the forms for all blanks, cards, circulars, record books, 
etc.. uscrl in the de])artment. 



17 

Sec. 49. Suspension. — It shall be his duty to suspend any 
teacher for any willful violation of the rules of the Board of 
Education, and to report such suspension to the Committee on 
Rules and Regulations, who shall investigate the charges, and 
report the result at the next regular meeting of the Board. 

Sec. 50. Appointment of Substitutes. — x\ny teacher eli- 
gible to a position in this Department may, upon application, be 
placed upon the substitute list, and it shall be the duty of the 
superintendent to keep a list of the names of such applicants, 
and from time to time detail, in regular order, substitutes to 
fill vacancies for the period of one day or more, and report 
such detail at the next regular meeting of the Board ; provided, 
that no teacher whose work ha,s been reported unsatisfactory 
by three separate principals shall be detailed or appointed 
-substitute teacher by the superintendent. 

Sec. 51. He shall exchange the educational documents of 
the Boaird with those of the educational officers of this country 
and other countries, and shall preserve the documents so re- 
ceived, in the library of the Board. 

Sec. 52. Reports. — He shall report at least semi-annually 
the financial condition of the Department, and shall make an an- 
nual report a,t the end of the school year, showing the receipts 
and expenditures of the schools and their educational condi- 
tion. When required, the superintendent shall make written 
reports to the Board on the condition of each class in the De- 
partment. Such reports shall specify the merits and defects of 
■classes, their condition, progress, etc. 

Sec. 53 He shall pay immediately to the City or Countv 
Treasurer all moneys received by him on account of the School 
Fund, for tuition of non-residents, or from any other source, 
taking his receipt therefor, and shall report to the Board, 
monthly, the sums so received and paid over. 

Sec. 54. Duties Required by State Law. — The Superin- 
tendent shall have power, and it shall be his duty : 

1. To enforce the course of study, the use of text-books, 
and the rules and regulations for the examination of teachers, 
prescribed by the proper authority. 

2. To' distribute all laws, reports, circulars, instructions 
and blanks which he may receive for the use of the school 
officers. 

3. To keep in his office the Reports of the State Superin- 
tendent of Public Instruction. 

4. To make reports when directed by the State Superin- 
tendent of Public Instruction, showing such matters relating 
to the public schools in this city as may be required of him. 

5. To preserve carefully all reports of school officers and 



i8 

teachers, and at the close of his official term, deliver to his 
successor all records, books, documents and papers belonging 
to the office, taking a receipt for the same. 

VIII. DUTIES OF THE SECRETARY. 

Sec. 55. Records and Files. — The Secretary shall ha,ve 
charge of the records of the Board and of all papers directed 
to be placec: on file ; he shall keep a full and accurate record 
of all proceedings of the Board, and an index of the same. 

Sec. 56. Notice to be Given. — He shall notify all members 
of special and adjourned meetings ; he shall notify the chair- 
man of everv committee appointed, stating the commission 
and names of the members associated with him ; he shall notify 
te?,chers of their appointment, and shall give such other notices 
as the Board may require. 

Sec. 57. \^otes to be Transmitted. — He shall transmit 
copies of all resolutions and documents which ?,re to be sent 
to the members of the Board, to the chairman of various com- 
mittees, to teachers, or other persons. 

Sec. 58. Examination of Bills. — He shall examine all bills 
or claims presented to the Board for payment, and shall keep 
full and acctu'ate ?,ccounts of all the receipts and expenditiu'es 
o'f the Board, and present to the Committee on Finance a 
balance sheet of his books as soon as practicable after the 
close of the fiscal year, and Vvdienever recjuested by that com- 
mittee, and perform such other duties as sha.ll 1)e recjuired of 
liim l:)y the Board of Education. 

Sec. 59. Incurring Expense. — Neither the Superintendent 
nor any Director shall inciu* any expense against the Depart- 
ment unless authorized by the Board ; provided, that in case of 
urgent necessity, for repairs or supplies, the Superintendent or 
Chairman of the Committee on School Houses and Sites, or 
Chpirman of the Committee on Furnitiu'e and supplies, shall 
be authorized to ])urchase the same at an expense not to exceed 
t\vent\-five dollars. 



REGULATIONS 



OF THE 



OAKLAND PUBLIC SCHOOLS 



ARTICLE L 

SCHOOL DISTRICTS. 

Section i. The City of Oakland, for school purposes, shall 
be divided into three districts, as follows : 

First. All that territory within the cit}' limits, west of the 
estuary, south of the center line of Seventh street and east of 
the center line of Chester street, shall constitute District No. i. 

Second. All that territory within the city limits east of the 
estuary and known as "East Oakland," shall constitute Dis- 
trict No. 2. 

Third. All the remaining territory within the city limits 
shall constitute District No. 3. 

Sec. 2. All pupils, in primary or grammar grades, except 
as hereinafter provided, must attend some school within the 
district in which the}^ reside. Pupils who live in District No.i, 
east of the center line of Washington street, who have com- 
pleted the Fifth grade work are exempt from the provisions of 
this section. 

Sec. 3. A pupil is entitled to attend any school in the 
district in which he resides, provided there is room in the grade 
to which he belongs. 

ARTICLE II. 

REGISTRATION AND TRANSFER OF PUPILS. 

Sec. I. It is made the duty of the principals of the various 
schools to enroll, at the beginning of each term, all pupils in 
the district applying for admission to each class. Should the 
number enrolled in any class exceed the class limit, the principal 
shall report the names and addresses of all pupils in such class 
to the superintendent ; the superintendent shall transfer from 



20 

such class to other classes in the district, of equal grade, a 
sufficient number of pupils to reduce the class to the limit. In 
making such transfers, the superintendent shall transfer those 
pupils who can be most conveniently accommodated with 
school facilities in other buildings in the district tha,n the one 
in which the overcrowded class exists. He shall transfer such 
pupils to the school buil ling nearest the residence of said pupil, 
provided there is a class of suitable grade in said building, un- 
less requested by the parents to transfer the pupil to some other 
school building in said district in which there is room. If, in 
making the transfer of pupils to the nearest school building in 
order to relieve an overcrowded class, he should overcrowd a 
class in the school to which transfer is made, said class shall 
in turn be relieved by the transfer of pupils in the same manner 
as herein indicated. Convenience as to distance shall be de- 
termined by counting blocks on graded streets between the 
residence of the pupil a,nd the school building. A double 
block shall be counted as two blocks. DifTferences in length 
of single blocks shall not be considered. 

Sec. 2. A certificate of promotion, showing the grade to 
which the pupil belongs, shall entitle a pupil to admission to 
any school in his district at the commencement of the school 
year. After a pupil has entered and registered as a pupil in 
any school in the city, he can be admitted only by transfer or 
promotion to any other school in the city. Pupils can be ad- 
mitted to any grammar or primary school in the city after the 
first two days of each term, only on the order of the Superin- 
tendent of Schools. 

Sec. 3. The Superintendent of Schools is instructed to 
transfer pupils during the first and second weeks of each term, 
to relieve classes containing more than the class limit. 

During the first two days of the second term he is in- 
structed to transfer pupils at the request of parents. At all 
times he is authorized to transfer pupils on account of removal, 
or for discipline, provided that no pupil who is enrolled in a class 
regularly constituted at the close of the second day of the 
term shall l)e removed to make room for another pupil. Trans- 
fers for all other causes shall be made by the Board of Educa- 
tion in open session. Before the Board can take action on any 
transfer, applica.tion for said transfer must l^e made in writing. 

Nothing in this section shall be construed as giving the su- 
perintendent power to transfer a pu])il from one clistrict to an- 
other for any other reason than for removal or disci])line. 

Provisions of this section shall not apply to evening schools. 

Sec. 4. Excci)t as herein after provided, the number of 
pui)ils in an\- regularly organized grammar or primarv class in 



21 

the schools of this city, shall not exceed forty-six, except by 
special order of the Classification Committee, when the num- 
ber may be increased to fift3\ 

In High School classes, the number shall not exceed forty- 
five, except by order of the High School Committee. 

Sec. 5. Whenever any pupil applies for admission to a 
class that contains the prescribed number of pupils, it is made 
the duty of the City Superintendent of Schools to register such 
pupils in the order of their application, and to notify the parents 
of such pupils as soon as a vacancy occurs ; provided, however, 
the registration of pupils shall be governed as follows : 

1. He shall not register a pupil who, at the time of appli- 
cation for registration, can be conveniently a,ccommodated in 
some school in the city. 

2. A pupil applying for registration must be registered 
in all of the schools of his district conveniently situated, and 
must be assigned to the first vacancy occurring in any of the 
schools in which he is registered. 

Sec. 6. Pupils, wdio request it, shall be entitled, on leav- 
ing school, to receive a certificate in accordance with their 
scholarship and deportment. 

ARTICLE III. 
CLASSIFICATION AND SESSIONS OF SCHOOLS. 

Sec. I. Classification of Schools and Grouping of Grades. 
— The schools of this Department shall be classified as Primary^ 
Grammar, High, and Evening schools. 

The First, Second, Third, and Fourth Grades shall consti- 
tute the Primary Grades. The Fifth, Sixth, Seventh, and 
Eighth Grades shall constitute the Grammar Grades, and all 
grades above the Eighth Grade shall be known as High School 
grades. 

The grouping of the various grades in the Grammar and 
Primary schools shall be as follows : First group, First 
Grade : Second group. Second Grade ; Third group, Third and 
Fourth Grades: Fourth group, Fifth and Sixth Grades; Fifth 
group. Seventh and Eighth Grades. 

Sec. 2. School Year. — The school yea,r shall begin on the 
first day of July, and end on the last day of the following June. 

Sec. 3. The school year shall be divided into two terms of 
twenty-one weeks each. The first term shall open on the sec- 
ond Monday of August, and close on the Fridav preceding the 
third Alonday after the ist day of Januarv. The second "term 
shall open on the third Alonday after the 'first dav of January. 



22 

There shall be a mid-term va.cation of one week, commenc- 
ing the second ^Monday in April. • For other matters pertaining 
to school vacations, see School Calendar. 

Sec. 4. Temporary Suspension of School. — The President 
of the Board shall h?,ve power to suspend the schools in case 
of emergency ; but his action shall be submitted to the Board 
for consideration, at the earliest opportunity. 

Sec. 5. Daily Sessions. — The daily sessions of all the day 
schools shall begin at 9 a. m., l\It. Hamilton time, and shall end 
in the High and Grammar Grades a,t 3 p. m., unless otherwise 
ordered by the Board of Education. In the Primary Grades, 
the First and Second Grades shall close at 2:15 p. m., the 
Third and Fourth Grades at 2:30 p. m., provided that the 
Superintendent of Schools is empowered to continue the session 
from 12 m, until i p. m., in any or ?.ll of the Grammar or Pri- 
mary classes or schools, during very stormy weather, when 
in his judgment it would be detrimental to the health of the 
pupils to be dismissed at 12 m.. and to order such classes or 
schools closed for the day at i p. m. 

The sessions of the Evening Schools shall begin at 7:15 
p. m. and close at 9:15 p. m. 

Sec. 6. Recesses. — In Grammar and Primary Classes, a 
recess shall be given from 10:30 to 10:45. and from 12 to i 
o'clock, and in the High Schools from 12 m. to i p. m. onlv. 

ARTICLE IV. 
RIGHTS AND DUTIES OF PRINXIPALS. 

Sec. I. Tardiness. — Principals shall be at their schools at 
8:30 a. m. Principals shall keep a record of the attendance 
and punctuality of assistants in the "Teachers' Time Table," 
provided for that purpose, including their own record therein. 

Sec. 2. Opening Yards and Rooms. — Principals shall re- 
quire the school yards to be opened at least by 8 :30 a. m., and 
class rooms- at least by 8:45 a. m. In rainy weather, class 
rooms shall be opened at 8:30 a. m., and yards at 8:15 a. m. 

Sec. 3. Care of Pupils in Yards. — In Grammar Schools 
the Principals shall take charge of the boys' yard in person. 
Principals may detail teachers in regular order, to assist in 
care of yards. 

Sec. 4. IHmishmcnt. — Corporal punishment sh.all be resort- 
ed to only in extreme cases, when otlicr means fail to secure 
obedience. Xo cruel or unusual ])unishment shall 1)e allowed; 
and no corporal i)unishment shall be inflicted in the High or 
Evening scliools. or upon girls in the Grammar or Primary 



23 

grades. It shall be administered by principals only, and in the 
presence of a teacher or other competent witness. Each princi- 
pal shall record in the State Register each case of corporal 
punishment, the manner in which it was inflicted, the name, 
age, and offense of the pupil, and a. report of the same shall be 
made monthly to the Superintendent. 

Sec. 5. Discipline. — Principals shall be responsible for the 
general discipline of their schools, and shall have power to hold 
pupils to a, strict accountability for any disorderly conduct 
on their way to or from school or on the school play- 
grounds ; they shall endeavor to prevent the gathering of pupils 
about the premises before the time of opening the ya,rds, and 
shall require them to go home immediately after dismissal ; 
provided, that with the consent of the parents, pupils may be 
privileged to remain after school in school rooms or on the 
grounds, under the supervision of a teacher or the principal. 

For the first offense of absence or tardiness in any 
school year of any pupil without valid excuse, the principal 
shall notify the parent or guardian. For the second offense, 
the principal shall require an interview with the parent or guard- 
ian for the purpose of securing the better attendance of the 
pupil. For the third offense, the case shall be referred to the 
City Superintendent of Schools. Should a further offense occur, 
the matter shall be referred to the Board of Education. 

Absence without valid excuse for a continuous period is to 
be counted as a single offense of absence. 

Principals shall keep on file a complete record of all pupils, 
who are absent or tardy without valid excuse, giving date of 
absence or tardiness and number of times of each delinquency. 

Sec. 6. Directions to Janitors. — Principals shall give such 
directions to the janitors as will insure the neatness and clean- 
liness of yards, school rooms and furniture, and the making 
of minor repairs about the school premises. If janitors fail to 
follow instructions the principal shall report to the superin- 
tendent. Principals shall be responsible for the care of school 
buildings during school hours ; janitors at all other times. 

Sec. 7. Supervision. — Principals, when not engaged in 
teaching a class, shall devote their time to the general super- 
vision of their schools. They shall visit daily classes taught 
by substitute teachers. 

At the close of each school month principals must report to 
the superintendent, on offfcial blanks, concerning the success 
or failure of substitute teachers, who have taught for at least 
three consecutive days in their schools. 

Sec. 8. Principals shall have regular office hours, and post 
notice of the same on their office door. 



24 

Sec. 9. Orders and Requisitions. — Principals shall send 
to the office of the superintendent, on blanks, as directed by the 
superintendent, all requisitions for stationery, pens, ink, paper, 
blanks, cards, etc. These requisitions, to be acted upon, must 
be filed with the secretary of the Board on or before 5 p. m. 
of Thursdays prior to Board meetings. 

All materials for the use of the department must be pur- 
chased upon recjuisition presented by the principals of schools, 
superintendent of schools, or the department mechanic, to the 
Board of Education. After reference to and report thereon by 
the Committee on Furniture and Supplies, they must be passed 
upon in open Board, and if allowed they 'must be dated and 
countersigned by the secretary, who shall keep a record of 
the same. 

All bills for supplies delivered to the School Department 
shall be accompanied by the original requisitions, signed as 
above provided, and checked and receipted as to the quantity, 
by the person receiving the goods. The 1)ill with requisition 
to be sent to the office of the secretary of the Board of Edu- 
cation within thirty days after delivery of the goods. 

Sec. 10. Alonthly Reports. — Principals shall make month- 
ly reports of their schools, to the superintendent, on or before 
the Tuesday following the last Friday of each school month 
of four weeks. They shall at all other times report promptly 
to the superintendent such information as he ma.v desire. 

Sec. II. Principals sliall report semi-annuallv, on official 
blanks, the amount of supplies purchased for the term and the 
p.mount still on hand, and any other information as recjuired by 
the secretary of the Board. 

Sec. 12. Violation of the Rules. — Principals shall report 
inmiediately to the superintendent and willful violation of 
assistants of the rules of the dcpartnient .and the superintend- 
ent shall report to the Connnittee on Rules anv violation bv 
principals. If deemed advisable by the connuittee, thev shall 
re])ort the same to the Board for action thereon. 

Sec. 13. Incompetent Teachers. — 1'rincipals shall report 
to the superintendent at least twenty davs before the end of 
each term upon a blank form to be provided by the superintend- 
ent, as to the efficiency of each teacher under him, the order and 
attention maintained in each class, and the condition of e?.ch 
class room. 

Sec. 14. Xames. — Princi]:)als shall post the name of the 
teacher and the grade of each class on the outside of the door 
of each class room. 

Sec. 15. ?ylanner of l\ee])ing Records. — Principals shall 
sec that all record books are correctly and uniformlv kept in 



25 

accordance with the plan prescribed by the superintendent. 

Sec. 1 6. \Mien a regular teacher is absent from school at 
9 o'clock a. m., the principal must immediately call for a sub- 
stitute, unless previously notified that the tea,cher will be pres- 
ent before 9:10 a. m. In case a regular teacher arrives after a 
substitute has been sent for, the substitute must remain in 
charge of the class for the entire day, and receive the salary. 

Sec. 17. Substitute and Special Teachers. — Principals shall 
include in their monthly report a statement, giving the name 
and exact tune of teaching of each substitute during the month, 
and the name of the teacher whose place has been fihed, with 
the grade of the class. They shall also include a, report of 
absence of special teachers, a,nd of their own absence, with 
reasons. 

The superintendent may detail special teachers to such du- 
ties as in his judgment would prove beneficial to the depart- 
ment, and the time so occupied shall be considered the same as 
if regularly employed. 

Sec. 18. Truancy. — Principals shall report immediately 
the names of truants, to their parents or guardians, and to the 
superintendent. 

Sec. 19. Library Books. — The principal of ea.ch school 
shall be held responsible by the Board of Education for the 
proper care of all library books and books of reference belong- 
ing to said school, and shall, at the end of each school 3'ear, or 
when called upon, make a report in writing to the superintend- 
ent, giving the names of the books belonging to the school, to- 
gether with all books furnished to indigent pupils, and the 
number collected from them. 

Sec. 20. Principals shall give all official orders to assist- 
ants in writing. 

Sec. 21. Record of Supplies Furnished. — Principals shall 
keep a record of the amount of supplies furnished each teacher 
and shall report the same to the Board of Educa.tion at the 
close of each term and at such other times as required. 

Sec. 22. Time Reports of Special Teachers. — Principals 
shall keep a daily record of the time spent by each of the special 
teachers and department mechanic, in the schools under their 
charge, and shall report the aggregate time spent, times tardv 
and time lost by leaving before school closes, ow the monthly 
"Time Report." 

Sec. 23. Principals shall remain on the school premises 
from 8:30 a. m. until 3:30 p. m., unless absent on school busi- 
ness, or with the knowledge and consent of the City Superin- 
tendent of Schools. 



26 

ARTICLE V. 

RIGHTS AND DUTIES OF TEACHERS. 

Sec. I. Requirements. — All teachers are required to make 
themselves familiar with the rules that relate to their school 
duties. 

Sec. 2. Punctuality. — Teachers shall punctually observe 
the hours for opening and closing school, shall remain on the 
school premises during the noon intermission as directed by 
the principal ; provided, that the superintendent is empowered 
to direct either principals or teachers to visit other classes in 
the department, or elsewhere, for the purpose of interchange 
and observation of methods of instruction. 

Sec. 3. Teachers shall be in their class rooms at 8 :45 a. 
m., by Mt. Hamilton time, during pleasant weather ; during 
stormy wea.ther, at 8 130 a. m. Evening-school teachers shall 
be in their class rooms not later than 7 105 p. m., Mt. Hamilton 
time, and no pupil shall be admitted to the class room until the 
teacher is present. 

Sec. 4. Discipline — Teachers shall be responsible for order 
in their own rooms, and elsewhere when assigned to special 
duty by the principal. A child who may be sent from the room 
on account of discipline, must be sent directly to the principal. 

Sec. 5. Report Cards. — Class teachers in Grammar and 
Primary schools shall send a statement of the standing of each 
pupil to the parent or guardian of the same at the close of each 
school month. 

The standing in the several studies is to be the judgment 
of the teacher, and may be based upon the daily recitation, 
either written or oral, of the pupil, and upon such, written work 
as may from time to time be required by the principal or super- 
intendent. 

Sec. 6. Promotions. — There shall 1)c no fixed time for the 
promotion of pupils for the Grammar and Primarv grades. 
Each teacher in the Grammar and Primary grades sh'alf be re- 
quired to instruct the pupils under her in at least two divisions. 
If the pupils in any room l^elong to the same grade or division, 
the class shall be divided, according to the abi'litv of the pu])ils, 
as nearly as possible into two equal divisions. Whenever any 
section or division has, in the judgment of the teacher, the 
])rincii)al of the school, and the superintendent of schools, com- 
pleted the work of the grade, such pupils of the section or divis- 
ion as have completed the work shall be promoted to the next 
higher grade, and such pu])ils as have not completed the work 
shall be remanded to tlie next lower division of the same grade. 



27 

All minor details in the working out of the foregoing plan of 
promotion shall be left in the hands of the superintendent of 
schools with full power to act. 

Principals are authorized to promote deserving pupils at 
any time. 

Sec. 7. No recitaition in the High School shall be of longer 
duration than forty-five minutes. The first fifteen minutes of 
hour-periods shall be used by the pupils for study, except in lab - 
oratory work, manual training, type-writing, or drawing. 

Sec. 8. Grammar grade teachers shall, upon the assign- 
ment of a lesson, call the attention of the pupils to the import- 
ant points, and to any new principle involved in the lesson as- 
signed, and shall give such other directions as will aid the pupils 
to acquire systematic habits of study. 

No written recitations shall be of more than forty-five min- 
utes' duration in the Primary grades ; nor shall there be more 
than two written recitations in any one day. 

Sec. 9. State Register. — Each teacher shall keep a ''State 
Register" in the required form, including the name, age and 
residence of each pupil, together with the name of the parent 
or guardian. 

Sec. 10. Ventilation and Temperature. — Teachers shall be 
responsible for the proper ventilation of their rooms. 

When fires are necessary, do not permit the temperature 
to exceed sixty.-eight degrees nor fall below sixty-five degrees. 

Let each teacher place on the blackboard, where it may 
easily be seen, a table like the following : 



M. 1 T W. 1 T. F 1 


9 :oo 1 


10:00 


10 130 


1 1 :20 1 


1:30 


2:00 


2:30 1 


3 -oo 1 



The temperature shall be taken a,nd recorded at the times 
indicated in this table in all the grades that close at 3 o'clock ; 
and in the other grades to suit the hour of closing-. Let a 
copy of the record be transcribed each week into the class reg- 
ister as a permanent record for the term, 

Ha.ve the physical exercises daily at the times indicated in 
the foregoing table. During these exercises let the doors re- 



28 

main open, except in very cold weather, when they may be 
left open just long enough to change the air in the rooms. On 
a cold, windy day, half a minute may be long enough. 

Sec. II. Selling Supplies. — Teachers shall neither advise 
nor require their puplis to purchase books, publications or 
school supplies of any kind, except those authorized by the 
Board, nor shall, they sell to their pupils any books, papers, 
pencils, or any other school appliances. 

Sec. 12. Morals. — "It shall be the duty of all teachers to- 
endeavor to impress on the minds of the -pupils the principles 
of morality, truth, justice and patriotism ; to teach them to 
avoid idleness, profanity and falsehood ; to instruct them in 
the principles of free government, and to train them up to a 
true comprehension of the rights, duties and dignity of Ameri- 
can citizenship." (Sec. 1702, Political Code.) 

Sec. 13. Leaving the Department. — Teachers intending 
to leave the department shall give the Board of Education at 
least two weeks' notice of such intention. A failure to give- 
such notice shall be regarded as a. relinquishment of all salary 
for the two weeks, which salary shall be forfeited. 

Sec. 14. Leave of Absence. — Leave of absence granted to 
any teacher for a period of more than one month shall necessi- 
tate the placing of such teacher upon the unassigned list, and 
another teacher shall be permanently assigned to the position 
thus vacated ; provided, that teachers who have served con- 
tinuously in the department for five years may be granted leave 
of absence without pay for not more than six months, and the 
positions of such teachers shall be kept open until their return, 
provided, that such leave of absence wlien once granted cannot 
be abbreviated; provided further, that three and six months 
leave of absen.ce shall be granted only from the beginning of 
the term, except in cases of total disabilitv. 

Sec. 15. No principal or teacher in this department, shall 
give private instructions for pay, to any pupil, who is a mem- 
ber of the school in which said ])rincii^al or teacher is em- 
ployed, nor shall any principal or teacher use any school room 
or building in this department for the purpose of giving private 
lessons, or instruction for ])ay, without tlie consent of the Board 
of Education, properly attested by the secretary of said Board. 

Sec. 16. Suspension from Class Exercises. — A teacher 
may temporarily suspend a i)upil from class exercises, but such 
suspension must immediately l)e re])orte(l to the principal for 
his decision. 

Sec. 17. Notice of Absence.— Whenever a jnipil is absent 
two successive days, the teacher shall notify the parent imme- 



29 

diately, unless satisfactory information of the cause of absence 
is obtained. 

Sec. i8. Detention at Recess. — Pupils shall not be de- 
tained in school for punishment or study during any part of 
the noon intermission or short recess. All pupils shall be re- 
•quired to pass out of the class rooms at recesses, except in in- 
clement weather, or in case of delicate health. 

Sec. 19. Detention After School. — Pupils in Grammar 
and Primary schools shall not be detained, for study or punish- 
ment, more than half an hour after regular time for dismissal. 

Sec. 20. Errands. — Teachers shall not send their pupils 
on errands during session hours, except on urgent school busi- 
ness, with the consent of the principal. 

Sec. 21. Teachers shall read to their pupils at least once 
in each school term the rules which govern them. 

ARTICLE VI. 
RIGHTS AND DUTIES OF PUPILS. 

Sec. I. Resident Pupils. — All schools shall be opened for 
the admission of children between six a,nd twenty-one years of 
age, residents of Oakland School District ; provided, that the 
time for receiving beginners into A First grades be limited to 
the first four weeks of each term. 

Sec. 2. Non-Resident Pupils. — Non-resident pupils shall 
be admitted to the public schools of Oakland only to the ex- 
tent that the school accommodations may be in excess of the 
immediate need of the resident population. For this privilege 
all such non-resident pupils attending the public schools shall 
pay to the Board of Education, to the credit of the proper fund, 
for each term, in advance : 

High School $25 00 

Eighth and Seventh Grades Grammar School.... 12 00 

Sixth and Fifth Grades Grammar School 10 00 

Primary Grades 8 00 

No non-resident pupil shall be admitted to a seat in anv 
school of the department until such pupil shall have presented 
to the principal of the school a receipt showing that the re- 
quired tuition has been paid to the superintendent. Except 
when the schools are filled by the resident pupils, non-resident 
parents or guardians shall be entitled to send a pupil belonging 
to their own family upon the payment of the regular tuition 
less one-tenth (i-io) of said tuition for each and every $500 
valuation of Oakland City property on which they pay' taxes. 
A receipted tax bill shall be required as'evidence. 



30 

Sec. 3. Registration. — Each pupil shall be required to fill 
out a. Registration Blank before being enrolled as a member of 
any school in this city. Principals are forbidden to enroll non- 
residents as pupils without the written consent of the superin- 
tendent. When a pupil of one school is transferred to another 
school, a copy of the Registration Blank shall accompany the 
transfer. 

Sec. 4. Expulsion or Suspension. — Willful disobedience, 
habitual truancy, habitual vulgarity or profanity, stealing, or the 
carrying of deadly weapons, shall constitute good cause .for 
suspension or expulsion from school. Qnl}^ principals shall 
suspend pupils, and they shall immediately report all cases of 
suspension to parents or guardians, and to the superintendent, 
who may suspend for a limited time ; but only the Board shall 
have power to expel permanently. 

Sec. 5. On or after the first day of the second month of 
the school term, all pupils in the High School unsatisfactory 
in their standing in all of their subjects shall be dropped from 
the school for the remainder of such term ; and the superin- 
tendent a,nd parents shall he notified immediately of such action. 

Sec. 6. Absence. — The unexcused absence of a day-pupil, 
for three days in any school month, shall be good cause for 
forfeiture of seat ; but on application by the parent, the prin- 
cipal may re-admit to the class, subject to such seating accom- 
modations as the room may a,fford. 

No pupil shall be absent a part of the day for the purpose 
of receiving instruction elsewhere. 

Pupils of the Evening School, who are absent three or 
more times in any week, except on account of sickness, shall 
forfeit the right of attendance until reinstated by the superin- 
tendent. 

Sec. 7. Excuses. — Pupils are required in all cases of ab- 
sence to bring on their return to school, a.n excuse in writing 
from their parents or guardians, assigning good and sufficient 
reasons for such absence. Teachers are authorized to require 
excuses from the parents or guardians of pupils either in per- 
son or by written note, in all cases of absence or tardiness, 'or 
of dismissal before the close of school. 

Sec. 8. Tlie only valid excuses for absence or ta.rdiness, 
except on days held sacred by parents, shall be (i) sickness of 
tlie pupil; (2) sickness of some member of the family requiring 
the presence of the pupil at home, or making it impossible to 
send the pupil promptly; (3) inclement weather, when sending 
the pu])il would endanger his health ; (4) accident delaying the 
pupil after he has started to school. 

Sec. 9. Tardiness.— Pupils wlio are not in tlieir class 



31 

rooms or in line, at 9 o'clock, shall be marked as tardy ; but 
pupils shall not be required to enter school before that time, 
nor shall extra credits be given as an inducement for them to 
be present at an earlier hour. Exceptions to the second clause 
of Sec. 6, and to the first clause of this section, may be made by 
the principal of the school with the consent of the superin- 
tendent, or of the Committee on Rules a,nd Regulations. 

Sec. 10. Cleanliness. — Pupils shall give due attention to 
personal neatness and cleanliness, and any who fail in this re- 
spect may be sent home to be properly prepared for school. 
No pupil who is affected with any contagious or offensive dis- 
ease shall be allowed to remain in any school. 

Sec. II. — Books. — Pupils, on entering school shall be 
furnished with a list of books and other articles required in the 
course of study, and the neglect or refusal of parents to supply 
the required books within one week shall constitute cause for 
forfeiture of seat. When parents or guardians are too poor to 
furnish the required books or articles, application in writing 
may be made on the proper blank to the superintendent, Idv 
the parent or guardian, to supply them at the expense of the 
Board. This inability must be certified to b}^ the applicant, 
and be attested by the principal and by at least two other re- 
sponsible persons. The superintendent may furnish them 
from the fund provided by law for indigent children. All books 
supplied shall be stamped with the name of the school, and 
shall be collected by the principal at the end of each term, re- 
corded in a book kept for that purpose, and placed in the 
school library to be used as occasion may require in supplying 
indigent pupils. 

Sec. 12. Pupils shall be required to use their books with 
care, and preserve them from pencil marks and all unnecessary 
defacement. Teachers may require all books to be covered, 
and shall frequenth- examine all books of their pupils. 

ARTICLE VIL 
RIGHTS AND DUTIES OF JANITORS. 

Sec. I. Janitors sh?II be responsible for the care of school 
buildings at all other times than school hours of daily sessions 
of schools. 

Sec. 2. Janitors shall report for duty to principals of 
schools at the hour of opening and closing. In such large 
schools as may be designated by the Board they shall devote 
their whole time to the duties of their position. They shall 
keep school buildings, furniture, yard, and outbuildings neat 
and clean ; shall build fires, open and close school buildings 



32 

and yards, and perform other responsible duties as ordered by 
principals. 

They shall clean the woodwork of the school building, 
desks, etc., at least twice a year, once during summer yacation, 
and once during holiday yacation. They shall clean windows 
when necessary, a,nd shall properly yentilate building, mornings 
and eyenings. 

Sec. 3. Neither teachers nor janitors shall put coal into 
stoyes after one o'clock p. m., unless by order of the principal. 

Sec. 4. Janitors of Grammar schools shall attend to all 
minor repairs about the premises. They shall haye the right to 
appeal from the orders of the principal to the superintendent or 
the Board. Janitors of Eyening Schools shall remain on the 
premises during the session, unless excused by the principal. 

Sec. 5. Janitors haying charge of Grammar or High 
School buildings shall, in addition to their other duties, keep the 
sidewalks around the school premises in a neat and orderly 
condition. 

ARTICLE VIII. 
SELECTIONS OF TEACHERS. 

Sec. I. For positions in the High Schools, only those 
teachers shall be eligible who hold High School certificates 
and are graduates of the State Uniyersity, or some college or 
uniyersity of equal rank. The proyisions of this section shall 
not apply to those persons who are now regular teachers in the 
Fligh Schools. 

Sec. 2. A person to be eligible to a position in any Gram- 
mar, Primary or Eyening School in this department, must hold 
a Grammar Grade or High School certificate, and must haye 
had at least two years' experience in teaching in public schools, 
or must be a graduate of one of the California State Normal 
Schools, or of some other State Normal School of equal rank, 
or must be a graduate of the State Uniyersity, or some other 
college or uniyersity of equal rank ; proyided, howeyer, that 
only such graduates of uniyersities or colleges who have taken 
a peda.gogical course, including some practical work in teach- 
ing, and, who liold recommendations of special fitness to teach 
from the pedagogical department of the university or college 
of which the ai)plicant is a graduate, shall be eligi1)le, without 
two years' experience, to a i)Osition in any Grammar, Primary 
or Evening School in this Department ; provided further, that 
only such graduates of Normal Schools who hold a recommend- 
ation of special fitness to teach from the faculty or president of 
the Normal School of wliich tlic a])])licant is a graduate, shall 



33 

be eligible without two years' experience to a position in any 
Grammar, Primary or Evening School in this department. 

Sec. 3. A person, to be eligible to the position of principal 
•of a Grammar or Primary School, must be a graduate of some 
college or university, or normal school, with five years success- 
ful experience. This rule shall not apply to those who have 
heretofore been, or who are now, principals in the department. 

Sec. 4. No teacher shall be placed on the substitute list 
who is not eligible to a regular position in this department ; nor 
shall any teacher who has at any time been a regular teacher in 
the Oakland School Department be placed upon the substitute 
list by the Superintendent without the order of the Board of 
Education. 

Sec. 5. All applications for positions as teachers in the 
Oakland School Department must file with the secretary of 
the Board an application givmg definite information concern- 
ing the following : Nativity, age, graduate of what normal 
school, university or college, and date of such graduation ; the 
certificate held, or diplomas awarded entitling the holder there- 
of to teach in the public schools of California,; the date of such 
certificate and diplomas ; number of years' experience in teach- 
ing ; in what school taught ; and time taught in each school ; 
name and address of three references. The secretary shall re- 
fer all such applications to the Committee on Classification of 
Teachers, and all applications so referred to said committee 
when endorsed, approved, by said committee shall be, together 
w^ith said indorsement, entered in a book kept for that purpose. 
No teacher shall be eligible to nomination and election in 
the department who has not furnished the Board of Educa- 
tion full and complete information concerning matters referred 
to in this section. 

ARTICLE IX. 

SALARIES. 

Sec. I. The Board of Education shall, in accordance with 
Section 124, Article 7, of the City Charter, between the first and 
tenth days of June each year fix a schedule of salaries for teach- 
ers and other employees of the School Department, to take 
effect on the first day of July following, and to remain in force 
■during the fiscal year. 

Sec. 2. The service required of each teacher in the de- 
partment during any school year shall be forty-two weeks. 

Sec. 3. All demands for salaries shall be paid monthly. 

Sec. 4. Pay of Substitute Teachers. — Substitute teachers 



34 

shall be paid at the same time and in the same ma.nner as regu- 
lar teachers, and at the following rates per diem : 

High School $4 oo 

Eighth, Seventh, Sixth and Fifth grades.... 3 00 
Primary grades 2 50 

Any teacher, who shall be designated by the ])Oard of Edu- 
cation to act as substitute principal during the absence of the 
principal, shall receive in addition to his or her regular salary 
as teacher, compensation as hereinafter provided. 

Substitute principals in Grammar or High schools, two 
dollars per day. 

Substitute principals in Primary schools one dollar per 
day for each and every day of such service. 

Provided, that full salary be paid to all substitutes wdio 
teach one month or more. 

Sec. 4. Pay of Xew Teachers and Pay of Teachers Who 
Resign. — Any teacher who shall be elected into the department 
after the beginning of the fiscal year, or who commences to 
teach after the beginning of the school year, or who shall re- 
sign, or shall take leave of absence during said year, or who 
shall be absent more than one month as defined in Sec. 5, in a.ny 
given year, shall receive in the aggregate for service rendered 
such a part of the annual salary as the weeks of service rendered 
is of the total number of weeks of service required. 

Sec. 5. Absence, Deduction for Same. — Teachers, when 
they are to be necessarily absent from school, shall notify the 
superintendent as soon as possible before the absence is to 
occur, that he may provide competent substitutes. vShould any 
teacher be unexpectedly absent, word must be sent from the 
school, at once, to the superintendent. \\'henever regular 
teachers are absent from school at 9 o'clock a. m., principals 
must immediately caJl for a substitute, unless previously noti- 
fied that the teacher will be present before 9:10 a. m. In case 
a regular teacher arrives after a substitute has been sent for, 
the substitute must remain in charge of the class for the entire 
day, and receive the salary. Tea.chers, who shall be absent on 
all school days included between any given day of one month 
and the same day of the next month, shall be deemed to have 
been absent one month, and shall forfeit for such absence one 
month's sala.ry ; provided, however, a regular teacher who has 
been absent for three or more weeks cannot report for duty 
within one week prior to a regular or ordered vacation of one 
week or more. 

There shall be deducted from the salary of any regular 
teaclier for absence for any period less than one month 1-25 of 
the monthly salary of said teacher for ec',ch dav's absence. 



35 

ARTICLE X. 

GENERAL REGULATIONS. 

Sec. I. Fire Drill. — i. Each Grammar and Primary 
school in the department having an average daily attendance 
of more than two hnndred pupils shall adopt a fire drill. 

2. Each principal of such school shall institute such a 
system of drill as will empty the building of the pupils in the 
shortest time. 

3. Every drill shall be timed by the principal, and a rec- 
ord of the same included in his monthly statistical report. 

4. The general alarm shall consist of the cry of fire, or by 
the cry of fire followed by a quick and violent ringing of the 
gong, or by the ringing of the gong only. 

5. The fire drill shall be enforced once, at lea,st, in each 
month, and whenever called for by the superintendent. The 
alarm must always be given unexpectedly, at which time every 
pupil must leave the building. 

6. Principals and teachers must, at least twice a month, 
explain the general alarm to all the pupils, and distinctly state 
the absolute necessity of promptitude in obeying the alarm ; 
must enforce quietness in the ranks, and in no instance shall 
any pupil interfere with another by pushing or touching with 
the hand or feet — each must be entirely free and independent 
in movement. 

7. The girls must start before the boys on the sounding of 
the alarm. 

8. In case of fire, whoever first discovers it shall sound the 
general alarm, and this duty shall not be the office of any par- 
ticular person. 

9. In order to empty any one room without sounding the 
general alarm, there shall be a still alarm, the teacher giving 
some previously designed signal, a,t which the girls shall im- 
mediately rise and file quietly out of the room, the boys fol- 
lowing. 

10. No loud talking or disturbance of any kind shall be 
permitted during the drill. 

11. In the High Schools, the principals shall devise a plan 
for the rapid and safe exit of students in case of fire. The plan 
in brief, shall be posted permanently in each room in the build- 
ing 2,nd shall be referred to and explained at least once a month 
by the teachers. 

Sec. 2. Advertisements. — No advertisement shall be read, 
distributed, or given in schools, nor shall any newspaper or 
publication of any kind be advertised or distributed in schools 
by teachers, pupils or other persons. 



36 

Sec. 3. Sectarianism. — No sectarian or denomenational 
publication, of any kind wha.tever, shall be used in the schools 
or made a part of an}- school library ; nor shall any denomin- 
ational or sectarian doctrines be inculcated, or present party 
politics be discussed by teachers on the school premises. 

Sec. 4. Presents or Subscriptions. — No teacher shall con- 
tribute tovv-ards a,ny gift to the members of the Board of Edu- 
cation or Superintendent ; nor shall pupils be allowed to con- 
tribute money toward any gift or present to any teacher or 
school officer ; nor shall a contribution of any kind be made in 
school, unless authorized by a special act of- the Board of Edu- 
cation. 

Sec. 5. Buildings. — No school building shall be used for 
other than school purposes, except by special permission of 
the Board of Education. 

Sec. 6. Exhibitions, Etc. — No festival, exhibition, concert, 
■entertainment, excursion, or picnic shall be held by any school. 
or by any student organization of any school, unless authorized 
l)y the Board of Education ; nor shall any entertainment be 
:given for the benefit of ai student activity of either of the High 
Schools unless the financial arrangements are in the hands of 
the respective principal, and the program has received the sanc- 
tion of a committee of the faculty of the school. 

Sec. 7. Any team of students of any of the schools of this 
department desiring to contest with a team of students of a,nv 
other school outside the city, shall request and obtain the sanc- 
tion of the principal, and the supervision of the principal or a 
teacher assigned by him, before such contest may be held. The 
penalty for the violation of this rule shall be suspension from 
school for the term in which the offense has been committed. 

Sec. 8. No pupil shaJl be excused from school before the 
close of the day's session to practice for any school activity. 

Sec. 9. (a) Contagious Diseases. — When a principal has 
reason to believe that any pupil in his school is affected by anv 
of the following diseases, to-wit : Smallpox, Yellow Fever, 
Asiatic Cholera,, Diphtheria, Measles, Whooping Cough, Erv- 
sipelas. Mumps, Pediculosis (lice). Scabies (itch), Scarletina, 
Scarlet Fever, Purulent Conjunctivitis, or Pulmonary Tuber- 
culosis accompanied by expectoration, it shall be his dutv to 
exclude the pupil at once, and not to re-admit him until he 
presents a certificate signed either by the Health Officer or a 
regularly licensed physician, stating either that the disease does 
not exist, or that the following conditions have been com- 
plied with : 

After Smallpox, until released from quarantine. 
After Yellow Fever, until rel-eascd from (juarantine. 



37 

After Asiatic Cholera, until released from quarantine. 

After Scarlet Fever, until desquamation has ceased. 

After Scarlatina, until desquamation has ceased. 

After Measles, until desquamation has ceased. 

After Whooping Cough, until whoop has ceased. 

After Mumps, until disease has disappeared. 

After Erysipelas, until disease has disappeared. 

After Purulent Conjunctivitis, until disease has disappeared. 

After Scabies (itch), until disease has disappeared. 

After Pediculosis (Hce), until disease has disappeared. 

After Pulmonary Tuberculosis, until expectoration has 
ceased. 

After Diphtheria, until a negative culture taken from both 
nose and throat has been obtained and the premises disin- 
fected. 

(b) When Permitted to Re-enter. — Wlien a pupil has been 
subjected to the contagion of any of the fohowing diseases, his 
attendance at school should be prohibited during the periods 
designated, unless the pupil has already had the disease : Ex- 
clude after exposure to 

Smallpox, for sixteen days after last exposure. 
Yellow Fever, for two weeks after last exposure. 
Asiatic Cholera, for two weeks after last exposure. 
Measles, for two weeks after last exposure. 
Diphtheria, for one week after last exposure. 
Scarlet Fever, for one week after last exposure. 
Scarlatina, for one week after last exposure. 
Whooping Cough, for ten days after last exposure, 

(c) Employes. — No person affected with pumonary tuber- 
culosis shall be employed or retained in the service of the Public 
School Department of the City of Oakland. Any eniplo3''e in 
the service of the Public School Department suspected of be- 
ing affected with pulmonary tuberculosis shall, within one 
week after having been notified by the City Superintendent of 
Schools, withdraw from the service of the School Department, 
or submit to a bacteriological examination by the City Bac- 
teriologist, who shall, upon the completion of such examination 
file with the City Superintendent' of Schools a certifica.te setting 
forth the result of such examination. The examination shall be 
made without cost to the applicant, and the certificate of the 
City Bacteriologist shall be the only evidence required by the 
Board of Education for its action in the premises. 

Sec. lo. Holidays. — All holidays declared by executive, 
proclamation, all holidays fixed by statute (excepting general 
election days), commencement day at the University of Cali- 
fornia and the Friday after Thanksgiving, shall be observed as 
holidays in this department. 



38 

Sec. II. Payment of Debts. — Any employe of this depart- 
ment who wih'ully fails or neglects to pay his or her debts, 
having the ability to do so, shall be subject to suspension or 
dismissal from the department. 

RULES FOR RAISING THE FLAG. 

Sec. 12. First — The Flag of Our Country, only, shall be 
raised over any school house. 

Second — The flag shall be raised on all national holidays, 
from sunrise until sunset, and on all school days, except in windy 
or stormy w^eather, from 8 130 a. m. to 3 p. m. ; provided that it 
shall not be employed to commemorate any event ha.ving its 
origin on foreign soil, or to celebrate the success of any political 
party. 

Third. — The flag shall be displayed at half-mast on Memo- 
rial Day, as a token of respect upon the death of the President 
of Vice-President of the United States, the speaker of the Na- 
tional House of Representatives, Chief Justice of the Laiited 
States, the Commanding General of the Army, the ranking- 
Admiral of the L^. S. Navy, the Governor, Lieutenant-Governor, 
Speaker of the House, Chief Justice, Superintendent of Public 
Instruction of the State of California, a member of the Citv 
Government of Oakland, a teacher of the school, and on such 
other days as may be ordered by the Board, the President of 
the Board, or the superintendent. 

Sec. 13. Pla.cing School Desks. — First. Pupil's desks in 
all instances must be placed so that the light will fall on the 
desk from the left of the pupil. 

This light is to come from the side of the room that con- 
tains the greatest amount of glass surface. If, to comply with 
this rule, it is necessary for the pupil to face a window, dark 
shades must be drawn over this window at all times while pupils 
are in the class room. No desk is to be placed a greater dis- 
tance from the light, if possible, than one and one-half times 
the distance from the top of the window^ to the floor, nor a great- 
er distance from the front blackboard than thirty feet. 

Second — To comply with this rule as nearly as possible, the 
aisle on the side whence the light comes should not be more 
than 2y inches wide. Intermediate aisles not more tha,n 21 
inches unless it is possible to make these aisles wider and still 
comply with the rule in reference to placing the inside row of 
desks. 

Third — Teachers' desks are to be placed in the front of the 
room and not nearer the side of the room whence the light 
comes than one-half the width of the room. 

Fourth. — Place the pupil on some seat approximately the 



39 

proper height. Have him pla.ce his foot so that the leg and 
thigh form a right angle. Place measuring gauge so that 
the horizontal bar is in the angle at the knee. Adjust this 
so that the horizontal bar lightly touches the thigh close to the 
knee. When this is done, set the thumb screw. The height of 
the horizontal arm of the measuring gauge will give the height 
of the seat a,t the outside point. The height of the vertical arm 
will give the height of the edge of the desk next to the seat. 

Fifth. — Desks shall be so pla.ced that the edge of the seat 
and the edge of the desk overlap one inch. 



Article VII— City Charter 

EDUCATIONAL DEPARTMENT. 

Section 112. The government of the School Department 
of the city shall be vested in a Board of Education, to consist 
of eleven members, to be called School Directors, and who 
shall receive no compensation. One School Director shall be 
elected from each ward, and four from the city at large. Their 
term of ofTice shall be two years. No person shall be eligible 
to the office ot School Director unless he is at the time of his 
election the head of a family; and no two of those elected at 
large shall be residents of the same ward at the time of their 
election. 

Sec. 113. The Board of Education shall, immediately aiter 
its election and qualification meet and organize by electing one 
of its number president, whose term of office shall be one vear. 
The Board shall hold regular meetings at least once in each 
month, and at such times a,s shall be determined by its rules. 
Special meetings may be called at any time by the President 
or anv three of the members. A majority of all the members 
shall constitute a quorum for the transaction of business, and 
the affirmative vote of six members shall be necessarv to pa.s5 
any measure, but a smaller number may abjourn from time to 
time. The Board may determine the rules of its proceedings, 
and the ayes and noes shall be taken when demanded by any 
member a,nd entered on the records of the Board. Its records 
shah be open to public inspection. The Board shall fill all 
vacancies occurring in the Board, until the next municipal 
election. 

Sec. 114. The powers and duties of the Board of Educa- 
tion are as follows : 



40 

1. To establish and maintain pnblic schools, to change^ 
consolida.te and discontinue the same, to manage and control 
the school property, to establish school districts, and to fix and 
alter the bomidaries thereof. 

2. To employ, pay. and dismiss teachers, janitors and 
school censns marshals, and such persons as may be necessary 
to carry into eft'ect the powers and duties of the Board, and to 
fix, alter, allow and order paid their salaries or compensation, 
and to withhold for good and sufficient cause, the whole or 
any part of the salary or wages of any person or persons em- 
ployed a,s aforesaid ; provided, that no feacher shall be dis- 
missed imtil after investigation, and without good cause estab- 
lished to the satisfaction of the Board. 

3. To make, establish and enforce all necessary and proper 
rules and regulations for the government and progress of pub- 
lic schools, and for the investigation of charges against any 
person in the employ of the department, and for carrying into 
effect the laws relating to education ; also to establish and reg- 
ulate the grade of schools, and determine what text-books 
(Other than those published by the State), course of study, and 
mode of instruction, shall be used in said schools ; but any 
text-book determined upon by the Board shall not be changed 
within a period of foin- years after its adoption. 

4. To provide for the School Department all necessary 
supplies and inciu" such other incidental expenses as may be nec- 
essary for the welfare of the department. 

5. To build, rent a,nd provide school houses, and to furnish 
them with proper school furniture, apparatus and appliances. 

6. To purchase, sell or exchange school lots, and to take 
charge of any and all real estate and personal property tha.t 
may have been acquired, or may hereafter be acquired, for the 
use and benefit of the public schools of the city ; and to make 
in the name of the city, conveyances of property belonging to 
the city and sold by the Board of Education ; provided, that 
no real estate shall be bought, sold or exchanged, without 
the consent of the Council, evidenced by ordinance ; and pro- 
vided further, that the proceeds of any such sale or exchange 
of real estate shall be exclusively applied to the purchase of 
other lots, or the erection of school houses for the use of this 
department. 

7. To appoint school census marshals on or before the 
first day of ]\[ay of each year, whose duties shall be as pre- 
scribed by general laws, and to notify the County Superintend- 
ent of Schools of such appointments. 

8. To sue in the name of the city for ajiy and all property 
acquired and claimed for the use and benefit of the School De- 



41 

partment, and to prosecute and defend all actions at law or in 
equity necessary to recover and maintain the full enjoyment 
and possession of said property, a,nd to acquire the services of 
the City Attorney in all such actions. 

9. To estimate annually the amount of money required for 
the support of the public schools, and for carrying;- into efifeci 
all the provisions of law in reference thereto ; and in ])ursuance 
of this provision, the Board shall, on or before the last Mon- 
day of July of ea,ch year, submit in writing to the Auditor a 
statement, verified by at least a majority of the Board, con- 
taining- a careful estimate of the whole amount of money to be 
received from the State and County, and the amount required 
from the city for the above purposes. The Auditor shall trans- 
mit the same to the Council, as in this Charter provided, and 
the Council shall in each year, after receiving- such estimate, 
fix, in its discretion, by ordinance, the percentage of taxes to 
be levied and collected for school purposes ; provided, that the 
amount to be thus levied for school purposes shall not exceed 
thirty cents on ea.ch one hundred dollars valuation upon the 
assessment roll, but may be increased to forty cents, by the 
consent of two-thirds of the Council, and that when collected 
it shall be immediately paid into the School Fund, to be drawn 
out only upon the order of the Board of Education. 

10. To establish regulations for the just and equitable dis- 
bursement of all moneys belonging to the Public School Fund. 

11. To examine every demand payable out of the School 
Fund, and for good cause to reject any such demand, or to 
allow the same, in whole or in part, and to compel the attend- 
ance of witnesses before the Board, or any committee thereof, 
in any matter under investigation. 

12. To discharge all legal incumbrances now existing, or 
which may hereafter exist, upon any school property. 

13. To prohibit any child under six years of age from at- 
tending the public schools, and to suspend or expel ])upils for 
misconduct. 

14. To dispose of and sell at public auction such personal 
l^roperty as shall no longer be required by the department. All 
moneys realized from such sales shall be paid into the treasury 
to the credit of the School Fund. 

15. To receive and manage property or money acquired 
by devise, bequest or donation in trust for the benefit of any 
school, educational purpose or school property. 

16. To exclude from the schools and school libraries all 
books, publications or papers of sectarian, partisan or denomi- 
national character. 

17. To furnish books for the children of parents una.ble to 



42 

furnish them. The books so furnished shall belong to the city, 
and shall be kept in the libraries of the schools when not in 
nse. 

18. To keep a register at ea.ch school, open to the inspec- 
tion of the public, of all children applying for and entitled to ad- 
mission in the schools, and to notify the parents or guardians 
of such children when vacancies occur, and to receive such 
children in the the schools in the order in wdiich they are reg- 
istered. 

19. To make an annual report on or -before the first day 
of July of each year to the County Superintendent of Schools in 
the manner and form on the blanks prescribed by the State 
Superintendent of Public Instruction. 

20. To make a report whenever required directly to the 
State Superintendent of Public Instruction of tlie text-books 
used in the City Schools. 

21. Each member of the Board shall visit every school in 
tlie city, at least once in each term, and examine carefully into 
its management, condition and wants. 

22. It shall be the duty of the Board to prescribe a course 
of study that will fit and prepare the students therein to enter 
any department of the University of the State of California. 
Such course shaJl be known as the High School course. 

23. The Board may provide departments for the training 
of pupils in the industrial and mechanical arts and shall have 
power to furnish such departments with necessary tools, ap- 
paratus and appliances. 

24. And generally to do and perform such other acts as 
may be required by general law applicable to the city, and as 
may be necessary and proper to carry into force a,nd effect the 
powers conferred on said Board, and to increase the efficiency 
of the public schools in the city. 

Sec. 115. The City School Superintendent, and each mem- 
ber of the Board, shall have power to administer oaths and af- 
firmations in all matters connected w^ith the department. 

Sec. 116. For all supplies, books, stationery, fuel, printing, 
goods, merchandise, and all other materials and supplies for 
the public schools, or any of them, when the expenditure to be 
incurred on account of such matters may exceed one hundred 
dollars, the Board of Education shall make ?, requisition u]:)on 
the Board of Public Works. Such requisition shall state in 
clear and explicit terms the quantity and kind of all articles 
needed, and wlien, how and where to be delivered. 

Sec. T17. The Board of Education shall annually, at its 
first regular meeting in May, make such requisition for all 
su])plies estimated to be required for the School Department 
for the ensuing fiscal year. 



43 

Sec. ii8. It shall be the duty of the Board to furnish an- 
nually, in writing, such information concerning the Public 
Schools of the city as may be required from it by law, or the 
St2,te Superintendent of Public Instruction, or the Council. 

Sec. 119. The Board of Education, at any time when 
deemed necessary, may, by resolution passed at a regula^r 
meeting, make a requisitoin upon the Board of Public Works 
for plans and specifications and estimates for a, new school 
house, specifying the location thereof, the number of class 
rooms needed, the date on which it should be completed, the 
amount of money in the School Fund available for the pur- 
pose, and such other information as will enable the Board of 
Public Works to prepare the necessary plans, specifications 
and estimates of the cost of such school house. 

Sec. 120. The Board of Public Works shall within thirty 
days after the receipt of such requisition, submit in duplicate 
to the Board of Education such plans, specifications, estimates, 
which the Board of Education may approve, reject, or recommit 
to the Board of Public Works. When approved, the date of 
approval shall be endorsed on each duplicate, by the president 
and secretary of the Board of Education, and thereupon one 
of said duplicates shall be filed with the archives of the Board 
of Education, and the other shall be returned to the Board of 
Public Works, which shall proceed without delay with the erec- 
tion of such new school house in accordance therewith. 

Sec. 121. The Board of Public Works shall notify the 
Board of Education of the completion of such new school 
house. The Board of Education shall thereupon examine the 
same, and if built in accordance with the plans and specifica- 
tions, and within the estimated cost thereof, shall accept, pay 
for and take possession thereof. 

Sec. 122. When any school house, building, fence, grounds 
or sidewalk under the control of the Board of Education needs 
repairing, altering, improving, or additions, said Board shall 
notify the Boajd of Public Works, specifying in general terms, 
the work to be done. If the cost of such repairing, altering, 
improving, and additions shall not exceed two hundred dollars, 
the last named Board shall cause the same to be done forth- 
with, and report the completion thereof, with an itemized ac- 
count of the cost, to the Board of Education. If the cost of 
such repairing, altering, improving, and additions shall exceed 
said sum, the same proceedings shall be had as provided for 
the erection of a new school house. 

Sec. 123. Any school director, or officer; or other person 
officially connected with the School Department, or drawing a 
salary from the Board of Education, who shall, while an officer 



44 

so connected or drawing salary, be interested, either directly 
or indirectly, in, or who shall gain any advantage or benefit 
from any contract, payments under which are to be made, in 
whole or in part, out of the moneys derived from the School 
l^\md, or raised by taxations or otherwise for the support of 
the public schools, or who shaU gain or attempt to gain, by 
re?,son of any official act or the promise of any official act, any 
consideration, advantage or benefit from any teacher or any 
employe of the department, or from any applicant for a posi- 
tion in the department, shall forfeit his office and be forever 
disqualified from holding any position in -the service of the 
city : and this provision shall not be construed to relieve such 
persons from any other penalty, but shah be deemed cumulative 
to other penaJties and disabilities for such acts and offenses. 

Sec. 124. The Board of Education shall, between the first 
and tenth days of June of each year, fix a schedule of salaries 
for teachers and employes of the School Department, to take 
effect on the first day of July following, and to remain in force 
(luring the fiscal year. 

Sec. 125. There shall be a City Board of Examination, 
which shall have the authority, and shall be constituted, gov- 
erned and compensated as provided in Article XVII, Chapter 
III, Title III, Part III, of the Political Code, and all Acts 
amendatory thereof and supplementary thereto ; and the hold- 
ers of the certificates granted by the Board of Examination, 
shall be entitled to the same protection, and subject to the 
same rules and regulations as are provided in said Article 
XVII. 

Sec. 126. It shall be the duty of the Board of Education, 
inmiediately after its organization, to elect a City School Sup- 
erintendent, who shall be an experienced teacher, and \vhose 
term of office shall be four years. The City School Superin- 
tendent may appoint an assistant, who shall also be an ex- 
[jerienced teacher ,a,nd whose salary shall be fixed 1)y the Board. 

Sec. 127. The City School Superintendent shall act as 
secretary and bookkeeper to the Board of Education, and per- 
form the clerical duties required l)y such Board. In the absence 
of the superintendent and his assistant, the Hoard of Education 
may appoint one of its number to act a,s secretary. It shall be 
the duty of the Superintendent, for good and sufficient cause, 
to provisionally suspend any teacher employed in the schools 
of the city until the next meeting of the lioard. It shall l)c 
his duty to report to the Board of Education, annually, and 
at such otiier times as it may recpiire, all matters pertaining to 
the expenditure, income, and condition and ])rogress of the 
public schools of said city during tlie i)rcccding year, with such 



45 

recommendations as he may deem proper ; to visit each school 
at least once a month ; to observe, and cause to be observed, 
such general rules for the regulation, government a.nd instruc- 
tion of the schools as may be established by the Board ; to rec- 
ommend to the Board for good cause the dismissal of teachers 
and the cancellation of their certificates, stating the reasons 
therefor; to attend all sessions of the Board, and inform it at 
each session of the condition of the public schools, school 
houses, School Fund, and other matters connected therewith, 
and recommend such measures as he may deem necessary for 
the advancement of education in the city ; to acquaint himself 
with all the laws, rules and regula,tions governing the public 
schools of the city, and the judicial decisions thereon, and give 
advice connected with the public schools, gratuitously, to offi- 
cers, teachers, pupils, and their parents and guardians. 

Sec. 128. The School Fund shall consist of all moneys re- 
ceived from the State and County School Fund ; of all moneys 
arising from taxes, which shall be levied annually by the Coun- 
cil for school purposes ; of all moneys arising from the sale, 
rent or exchange of any of the school property, and of such 
other moneys as may, from any source whatever, be paid into 
the School Fund, which fund shall be separate and distinct 
from all other moneys, and shall only be used for school pur- 
poses under the provisions of this Charter. If, at the end of 
any fiscal year, any surplus, remains in the School Fund, such 
surplus money shall be carried forward to the School Fund of 
the next fiscal year, and shall not be for any purpose whatever 
diverted and withdrawn from said fund, except under the pro- 
visions of this Charter. 

Sec. 129. The School Fund shaJl be used and applied by 
the Board of Education for the following purposes, to-wit : 

1. For the payment of the salaries or wages of the Super- 
intendent, assistant superintendent, teachers, janitors, school 
census marshals, and other persons who may be employed by 
said Board. 

2. For the erection, alteration, repairs, rent and furnishing 
of school houses. 

3. For the purchase money or rent of any real or personal 
property purchased by or leased to said Board. 

4. For the discharge of all legal incumbrances on any 
school property. 

5. For lighting and heating the school rooms and the of- 
fices and rooms of the superintendent and Board of Education. 

6. For supplying the schools with fuel, water, appartus, 
blanks, blank books, and the necessary school appliances, to- 
gether with books for indigent children. 



46 

7- For supplying books, printing and stationery for the 
use of the superintendent, Board of Education and Board of 
Examination, and for the incidental expenses of the Department. 

8. For grading and improving school lots, and for grading, 
sewering, planking or paving a,nd repairing streets, and con- 
structing and repairing sidewalks in front thereof. 

Sec. 130. All claims payable out of the School Fund shall 
l3e filed with the secretary of the Board, and after they shall 
have been approved by a majority of all the members elected 
to said Board, upon a call of the ayes and noes, which sli^U be 
recorded, they shall be signed by the president of the Board 
and by the City School Superintendent. Every demand shall 
have endorsed upon it a certificate of its approval. All demands 
for salaries shall be paid monthly, and all claims payable out of 
the School Fund, shall be by warrant, signed by the president 
and secretary of the Board. 

Sec. 131. All demands authorized by this article shall be 
paid by the treasurer from the School Fund when the same 
shall be presented to him, approved by the Board and duly 
audited by the Auditor ; provided, that no demand shall be paid 
except upon such a warrant as aforesaid, duly endorsed by the 
payee named therein, and provided further, that the said Board 
shall not have power to, collect any debts or liabilities in any 
form whatever against the city in contravention of this article, 
or exceeding m any year the income ajid revenue provided for 
the School Fund of such year. 

Sec. 132. In case of disaster from fire, riot, earthquake or 
public enemy, the Board of Education may, with the approval 
of the mayor and Council, incur extraordinary expenditures, 
in excess of the annual limit provided by law and in this 
Cha.rter, for the repair, construction and furnishing of school 
houses ; and the Council may by ordinance cause to be trans- 
ferred to the School Fund from moneys in any other fund, not 
otherwise appropriated, sufficent moneys to liquidate such ex- 
traordinary expenditure. 






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